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and malcolm gets to stay in college. all i need is one vote to save his life. one. they say it takes a village. we're always hearing that. it's time for the village to step up. (sniffles) well now through august first the lowe's floor event is the place to be
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[ male announcer ] excuse me.enza. what are you doing here? well, truth be told, i wanted to see if you were any good. clerk: all rise. case number 1138: the state of ohio vs. damien winslow.
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be seated. (anxious sigh) morning, your honor. defense waives reading; asks that all charges be dismissed, in that my client was acting out of necessity. he was coming to the aid of mr. fung lao, whose laundromat was in the process of being robbed at gunpoint. judge: whoa, whoa, whoa. guilty or not guilty. those are your two choices. not guilty, judge. okay. question... and i ask that all charges be dismissed, in that my client was acting as a good samaritan. whoa, whoa, whoa, whoa. first case, counsel? no, your honor. as if. well, the way this works is we go through a little fact-finding process... the facts aren't in dispute. my client walked in on an attempted armed robbery. the legal defense of "necessity..." hold on. your honor, sometimes in the interest of judicial economy, and convenience to the witnesses, cases can be expedited. counsel... trials are expensive. they can bankrupt rich people. as for the poor, forget it. this could cost damien winslow his house, if only he had a house, which of course he never will. why? 'cause he's poor. counsel. as for the witnesses, they're here today. we can get this thing over with. how many here for this case? look at that. unbelievable. is that not unbelievable?
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am i to understand... all these people? every last one of them. all clients of damien winslow. they're not witnesses to the crime. there's no... they certainly bear witness to the need for the services being rendered by my client. without him, their places of business get robbed. oh, for god's sake. counsel, this is an arraignment hearing. yes, but these people are here now, judge. they're not relevant... "not relevant"? is that what you just said? oh, come on. 'cause that's the real issue, judge. poor people are not relevant. give me a break. break? how about we give the disenfranchised a break? these people get nothing. not even respect. why? maybe 'cause they don't seem to be relevant. well, they are to damien winslow. you want to lock him up, then what? who's going to protect fung lao and melissa gove, martina sanchez, willie abrams-- look at them all, judge. they've come crawling out like ants at a picnic. who knew these people even existed? damien did. add to that, he cares. we're talking about basic human services. they don't get health care. they don't get education. they can't even get adequate police protection, and when someone tries to help them, watch out. mr. branch, you're out of order. these people are americans. you're out of order. you're out of order. this whole thing is out of order!
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something is really wrong! mr. branch! guilty or not guilty? not guilty. just one question. what drug are you on? sorry. once i get going... what was the point of that, really? well, to be honest-- which i'm not always-- it was to show you this will be a war, if necessary. i actually believe in this guy. no, you don't. i really do. look, we should win on the shooting. it was justifiable defense of others. he shot a guy that was committing an armed robbery. as for the weapons charge, i'll plead to that. that's really the right result here. so let's just get there. can we? okay. she's at least open to discussing a plea, which is a very good thing. you told me the old lady was in trial.
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i saw her sitting in the back. she is in trial. she just... did you not hear me? the da is open to a plea. you could skate here with no jail time. yeah, i heard you, man. thanks. we done for now? done. cool. (chuckles) (grunts) hey, man. watch where you're going. what the...? but you took off, you left. does it look like i left? i don't get the right to come back? what's up with that? that ain't right, slick. did you forget something? maybe i did, okay? i just wanted... i've been arrested before, you know what i'm saying? had my share of lawyers, but... ...none of them ever fought for me like that. ever.
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i just wanted you to know that. okay. oh. (both laugh dryly) be cool. what's the hardest thing about fighting a wildfire? the weather. indepth behind the fire lines. the scientist on t cutting edge of firefighting. tonight at 11:00 on bay area news
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it can survive yours. the nissan altima. innovation that lasts. innovation for all. ♪ innovation that lasts. innovation for all. well... what's to think about? it's his third offense. he could get three years, maybe more. the thing is, he's in college. if he gets any time, he's going to get kicked out. you still want no time? you kidding me? as i said to you before, i'll say it again. this kid needs a break. counsel, look, i realize you have limited experience in the criminal justice system. and i'd really appreciate it if you'd cut the condescending crap. it makes you come off bald. this is how you ask for a favor? no, i asked for a favor rather nicely, and you responded with some patronizing bull. look, i offered you one year. that was a gift. your client has no defense. he's going to be found guilty. and i'll tell you this, if you don't take this deal, if you don't recommend it to your client, he'll likely have a claim of malpractice against you. piece of advice. in your new line of work, kids like malcolm davies-- dime a dozen. as soon as you're done with him,
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another one walks through the door. and with all your cases, you need to not only safeguard the client, but yourself. otherwise, you're a casualty. trust me on that. a casualty. a big carcass that the victims in the system will pick at. mr. peyton, if i ever surrender to that kind of cynicism, then i'm already a casualty beyond measure. (cell phone rings) one year. take it or leave it. yeah? take it or leave it fast. jury's back. leave it. suit yourself. judgmadam forewoman, the jury has reached a unanimous verdict? forewoman: we have, your honor. judge: what say you? in the matter of the state of ohio v. malcolm davies, on the charge of possession of an illegal controlled substance, we, the jury, find the defendant malcolm davies... (whispering): please, please, please. ...guilty. (gallery murmurs, groans) what? i'm sorry, malcolm.
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we knew this was a long shot. judge: malcolm davies, you have been found guilty by a jury of your peers of a class-two felony. it is the order of this court... wait, wait, wait, judge. if you're about to sentence my client, i certainly wish to be heard. the defendant is sentenced to two years in state prison. your honor... said sentence to be suspended in its entirety, pending mr. davies's successful completion of a drug rehabilitation program. peyton: your honor, this is his third offense. you kidding me? you kidding me? ms. korn... check with probation, then your client is free to go. son... do not let me down. we're adjourned. (gavel bangs) (both laughing) w-what... what does it mean? no jail. it means no jail. really? you can't mess this up, malcolm. he's giving you another chance. you need to make this work. (voice breaking): i will. i will. all right. i'm-i'm not a hugger. (harry chuckles) i'm not a hugger. okay. (laughing) oh. okay. okay. (harry gasps anxiously)
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oh! (anxious laugh) no jail at all? how do you figure? well, as i said to the jury, all i needed was one. the one i got was the judge. wow. jenna: okay. they look stunning. you don't think they make my feet look too fat? oh, my god. no. they are to die for. is everybody done with the pizza? yes, and then you can help adam box up his stuff. that'll be your first official assignment as our new paralegal. what do you mean? i mean, i've finally landed on my feet. you can go back to your cushy, shiny firm and... are you kidding me? i don't want to go back. why would i want to go back? this is the most fun i've ever had. yesterday, i stuck my finger in a guy's leg. i want to stay. permanently. oh, don't be an idiot. you have a brilliant future at any firm you want. don't squander it. i want to be here. the answer is no. look... i'm gonna just say this. i never had a mother. she died
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during childbirth, when she had my older brother. i never... i... i suppose i look at you as my dead, crippled mother. oh, yeah, she was crippled, too. she died during childbirth when she had your older brother? let's go with younger brother on that, yeah. better. we'll keep "crippled." harriet, look... every day i go to work in that big firm, i see the deadened eyes of all the partners that... i sit at my desk, and i say to myself, "this ain't it." "this can't be it." from the moment i walked into this stupid... i just knew. this is it. i really want to stay. the thing is... you really do bug me. harry, you said things don't happen for a reason.
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but they do. jenna: when malcolm jumped off that building, bounced off that awning, and landed on you, and when adam hit you with his fully-loaded mercedes, it was to bring the four of us together. help you, gentlemen? yeah... we're looking for a lawyer. told us about you. damien winslow we invented a... i don't know, a kind of doohickey. a doohickey? yeah, it could open, like, any car. originally used for criminal purposes, but damien said if we just get a patent, we wouldn't need to be robbing cars. it's a door-opener doohickey. jenna will take down all your information. great. um, can i get for anybody any tea, coffee, perhaps? look at that.
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three more clients. you'll have a full caseload by the end of the week. (jenna speaking indistinctly) this is home, harry. we're home. you're gonna need to fill out your time sheets every day. (chuckling): time sheets?! whoa, i never said anything about workifor you. actually, you should probably only have one. and right now, we're offering... like hell, we will. you'll be a junior associate. no, no, no, no, no. oh, yeah, yeah. or there's the door. harriet, life is richer with a partner you can really share your successes with, right? harry: i guess the moral of this story did come in the middle. as jenna and malcolm said, sometimes things do happen for a reason. you could say that i didn't just get it till the end, except this really wasn't the end at all. for the four of us, this new and ridiculous firm, perhaps even my life, i have a feeling we're only at the beginning. (bell dings) captioning sponsored by warner bros. television and toyota. captioned by access.wgbh.org oup at wgbh and toyota.
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>> incredible pictures from the southwest. the scene above and below as a huge sandstorm plunges phoenix into darkness. local impact of
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downsize, next. good evening and thanks for joining us. i'm raj mathai. jessica has a night off. we are on late because of the giants game on nbc. now a look at the top stories. sfpd is trying to diffuse a bitter reaction to the officer-involved shooting. they are releasing the audio as it unfolded.
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shot and killed was a 19-year-old parolee and wanted for questioning in a seattle woman's slaying. it's a story with a lot of raw emotion. here's jean ellie with the new information released. >> reporter: hoping to calm an angry community, place play a recording that left 19-year-old kenneth harding dead. ten shots in six seconds. the audio captured pinpoints where the shots came from helped prove the parolee from washington fired at police first. >> we believe the shot spotter report confirms that there were three shooters in the incident. mr. harding first and followed by the two officers returning fire. >> the activists are not convinced. >> the gps is showing flush. we don't know what flush. it could be the 10 bullets that
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fired. we still don't know until we see a ballistic report >> harding took off running on third street when police asked for the proof of payment. during the foot chase, harding fired at police and they shot back. most was caught on tape. they said the most disturbing part of the shoot suggest police pointing guns at harding while he bleeds in the streets >> you do not yet a human being die like a rabid dog without even applying pressure to the wound or doing some type of cpr. >> they didn't provide first aid immediately because they thought he had a gun. in you tube video there was a gun behind a crowd and a man picks it up. they recovered the gun and are running tests on it. bayview resident who is believe this was an unjustified shooting said they will demand answers until they are provided. the police chief said he is
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listening. >> one since depth is a huge set back to what our efforts have been. until we can reassure the community then it occurred just as it did. nbc bay area news. >> a controversial story. this just in. a wind surfer is missing after disappearing in the bay near san mateo. a 62-year-old foster city woman told her husband she was going wind surfing for about a half hour. it happened off coyote point. it's a popular area for wind surfers. they have two teams on the scene and firefighters from several agencies are standing by. the woman is reportedly an experienced wind surfer, but has health problems. one of the most dynamic companies will slash 6500 jobs. cisco made the announcement, but tonight the guessing game begins. what will be laid off.
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those details will be revealed in august. about 15% of the workforce is in san jose concerned about the layoffs cashed about businesses that partly depend on the lunchtime crowd to make money >> i get on solid ground and after that, here are the news that it will affect our business and going to affect our business and finances. >> a lot of businesses feel that way. they may have to lay off employees if they lose business. cisco is the biggest private employer. up next, only on nbc bay area, the anatomy of a fire. the research being done right here that is revealing the secrets of a wildfire and how we can put it out quickly. >> a fire warning right across lake tahoe. temperatures did warm up. good evening. i'm jeff ranieri. we will tell you about warmer weather coming our>> way in the seven-day forecast. when 90s will arrive.
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>> had happens every summer. fires destroy our land and homes and claim several lives s. there
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a more effective way to fight fires? yes, thanks to a project at san jose state. the study could be a game changer. nbc bay area goes to the fire lines for the story >> this is the grant. a 600 acre burn. >> you will find what's talked about the most. >> you know the different air masses moved in. >> it's the one thing we can do the least about. the weather. >> it called for a slight chance of drizzle. >> this fire exercise near mt. hamill is unlike any we have seen. what's happening in this field can redefine what we know about wildfire behavior. >> we study fire weather. we have a number of instruments deployed into the burn unit. you will see a steel tower with turbulence and heat flux.
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we have a trailer off near the road. that's measuring vertical winds. we have a suite of remote sensing instruments. it's like a whether radar and uses a laser beam. we can scan the plume. >> there is so much research we can do and discover. >> diane hall knows the benefits better than anyone. she is not only a seasonal firefighter -- >> understanding how much vertical there is hads us understand the intensity of the fire. >> she is one of the newest grad students in the meteorology program. >> when are do we need to evacuate and when is the fire getting to a certain area? the more we understand about the fire behavior, the more we can help predict that. >> we have the great thunderstorms and super cells and tornados n. california we have fire weather. >> they are tackling that challenge. while there programs that focus on ecological and environmental
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impacts of fire, san jose state is focusing on fire weather forecasting. inside this barbecue box is what shows a cat scan-like view in the wildfire. >> we will see increasing drafts and associated with fire plumes is strong downdrafts. that then can fan out fire behavior in different direction. >> the field test proved a success. the clear view of what was happening in the fire plume in ways not thought possible before. >> this is nice. much better than we thought. >> worry the hottest days ahead and the hills turning golden brown, this technology couldn't come online fast enough for fire season. >> hopefully get better at forecasting fire behavior. in the long run, it helps developed models to save lives and property. >> encouraging news for all of
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us living in wildfire country. nbc bay area news >> very interesting. starting in september, the san jose state team will take the research on the road. there plans for a ted version to betruck-mounted version to be deployed. the seven-day forecast is straight ahead. stay with us
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whatever happened with the carmageddon. a table for three on the 405. the weekend closure opened up a
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new restaurant for these group of friend who is pulled off the stunt early sunday morning they jumped over a fence and ran on to the freeway and set up shop. byob to say the least. dramatic scenes in phoenix. a monster dust storm is rolling through the desert. the wall of dust called a ha boob is caused by dry weather and winds. this is the second storm to hit phoenix this month. incredible pictures. >> unbelievable. >> jeff rainiery is here. no ha books here. >> nothing too out of character for this time of year, but we have a red flag warning near lake tahoe. if you are headed that way, it will be breezy and gusty. upper 70s and low 80s. right now we are dropping off with 59. 60 in san francisco. 62 currently in livermore. we will see the patchy fog as we
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continue mainly for the coast. for tomorrow, plenty of sunny weather with a good mix of 70s and 80s. as for tonight, we will look at the cool weather in los gatos and santa cruise. low 50s. as for tomorrow, the warmest weather in the south bay, 81 and 82. 85 in gilroy. on the seven-day forecast, there 90s and a gradual warm up throughout the week. summer is coming back. >> that was one of the shortest newscasts we have ever done. >> yes. >> we are out of here. thanks forni joing our j abbreviated newscast. jay leno is next. the "cake boss" buddy

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NBC Bay Area News at 11
NBC July 18, 2011 11:00pm-11:35pm PDT

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TOPIC FREQUENCY Damien Winslow 5, Malcolm 5, Judge 5, Us 4, Malcolm Davies 4, Ohio 2, Olive Garden 2, Toyota 2, Phoenix 2, Cisco 2, Adam 2, Doc 2, Mr. Branch 2, Harry 2, Harriet 2, Damien 2, Byob 1, Tahoe 1, Wgbh 1, Defense 1
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